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Almost all South African workers are regulated by minimum wages, be it the controversial sectoral minimum wages negotiated in bargaining councils, and often undemocratically extended to non-parties, or minimum wages prescribed by the Government.
With the daily COVID-19 infection rate in South Africa increasing rapidly, many employees are having second thoughts on whether they should be returning to an office environment. This may occur when circumstances may arise where refusing to work is believed to be the only safe option available.
The CCMA, empowered by s115(2A)(k) of the Labour Relations Act (LRA), enacted Rule 25 in January which allows a party in an arbitration dispute to appear in person or be represented by a legal practitioner, candidate attorney or an entitled party in terms of sub-rule 1(a).
The short answer: if payment of a bonus is a guaranteed right, either in terms of an employee’s contract of employment, an employer’s remuneration or bonus policy, or perhaps an industry regulated Bargaining Council Main Agreement, and the bonus is not dependent on the exercise of any discretion at the instance of the employer or the attainment of individual or company related performance objectives, then...
While unemployment and poverty remain some of South Africa’s biggest threats, our centralised collective bargaining model, which culminates in bargaining councils extending agreements to non-parties, remains the biggest deterrent to employment in affected industries.